them shall be punished by a punishment prescribed for that criminal offence. Article 32 Incitement (1) Whoever intentionally incites another to perpetrate a criminal offence, shall be punished as if he had perpetrated such offence. (2) Whoever intentionally incites another to perpetrate a criminal offence for which a punishment of imprisonment for a term of three years or a more severe punishment may be imposed, and the criminal offence has never been attempted, shall be punished as for the attempt of the criminal offence. Article 33 Accessory (1) Whoever intentionally helps another in perpetration of a criminal offence, shall be punished as if he himself perpetrated such offence, but may be punished less severely. (2) The following, in particular, shall be considered as helping in the perpetration of a criminal offence: giving advice or instructions as to how to perpetrate a criminal offence, supplying the perpetrator with tools for perpetrating a criminal offence, removing obstacles to the perpetration of criminal offence, and promising, prior to the perpetration of the criminal offence, to conceal the existence of the criminal offence, to hide the perpetrator, the tools used for perpetrating the criminal offence, traces of the criminal offence, or items acquired by perpetration of the criminal offence. Article 34 Limitations of Criminal Responsibility and Punishability of Collaborators (1) The accomplice shall be considered criminally responsible within the limits set by his own intent or negligence, and the inciter and the accessory within the limits of their own intent. (2) The court shall refrain from imposing a punishment on an accomplice, inciter or accessory that has voluntarily prevented perpetration of the criminal offence. (3) The personal relations, characteristics and circumstances to which the law attaches the exclusion of criminal responsibility, or by reason of which it permits or provides for the remission of punishment or its mitigation may be taken into consideration only if they are inherent to such perpetrators, accomplices, inciters or accessories. VI CHAPTER SIX CRIMINAL RESPONSIBILITY Article 35 Elements of Criminal Responsibility (1) A perpetrator who is mentally capable and guilty of perpetrating a criminal offence shall be held criminally responsible. (2) A perpetrator shall be guilty if he has perpetrated a criminal offence with intent. (3) A perpetrator shall also be guilty if he has perpetrated a criminal offence out of negligence only if the law explicitly prescribes so. Article 36 Mental Capacity (1) A mentally incapable person is one who, at the time of perpetrating the criminal office, was incapable of 10